HANISAL KHADIJAH BINTI ABDULLAH 1. ) RAJA AZLINDA BINTI RAJA NARI 2. ) ZARINA JAN BINTI MIRAJAB KHAN 3. ) YASMIN BINTI MIRAJAB KHAN

HANISAL KHADIJAH BINTI ABDULLAH 1. ) RAJA AZLINDA BINTI RAJA NARI 2. ) ZARINA JAN BINTI MIRAJAB KHAN 3. ) YASMIN BINTI MIRAJAB KHAN

The High Court allowed the plaintiff's appeal in part, holding that the impugned social media statements (including 'ambil tanpa izin') were defamatory and referred to the plaintiff, that D1 was wrongly absolved by the Sessions Court because her words were equivalent to 'mencuri' and her defences of justification,...

Source-derived case information.

Citation
AB-12BNCvC-6-01/2023 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Hanisal Khadijah binti Abdullah; First Defendant / Respondent: Raja Azlinda binti Raja Nari; Second Defendant / Respondent: Zarina Jan binti Mirajab Khan; Third Defendant / Respondent: Yasmin binti Mirajab Khan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2024
Case Number
AB-12BNCvC-6-01/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal (decision Delivered)
Outcome
Plaintiff's appeal allowed in part (D1 found liable); appeal by D2 and D3 dismissed with no order as to costs from those appeals; monetary awards and injunctions ordered against all three defendants
Legal Topics
Meaning and Publication of Defamatory Words, Justification (truth) Defence, Fair Comment, Qualified Privilege and Malice, Repetition Rule, Assessment of General and Special Damages, Interest and Costs, Admissibility of Electronic Evidence (s.90 A/evidence Act)
Defamation Tort Civil Procedure Evidence Media/social Media Law Meaning and Publication of Defamatory Words Justification (truth) Defence Fair Comment +5 more

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Summary, issues, holding and outcome

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Parties

Hanisal Khadijah binti Abdullah

Appellant / Plaintiff

Raja Azlinda binti Raja Nari

First Defendant / Respondent

Zarina Jan binti Mirajab Khan

Second Defendant / Respondent

Yasmin binti Mirajab Khan

Third Defendant / Respondent

Procedural Posture

Civil Appeal / High Court Judgment on Appeal (decision Delivered)

Legal Issues

  1. 1 Whether the impugned words were defamatory and referred to the plaintiff
  2. 2 Whether the First Defendant (D1) was liable given her asserted defences of justification, fair comment and privilege
  3. 3 Whether the Second and Third Defendants (D2 and D3) proved defences of justification or fair comment and whether malice was present

Ratio Decidendi

The High Court allowed the plaintiff's appeal in part, holding that the impugned social media statements (including 'ambil tanpa izin') were defamatory and referred to the plaintiff, that D1 was wrongly absolved by the Sessions Court because her words were equivalent to 'mencuri' and her defences of justification, fair comment and privilege failed (malice present or assertions unproven), and that collective conduct of the defendants caused reputational and pecuniary loss; accordingly the court substituted and awarded specific general damages, allowed special damages, awarded costs and interest and prohibited further defamatory publications.

Court Disposition

Plaintiff's appeal allowed in part (D1 found liable); appeal by D2 and D3 dismissed with no order as to costs from those appeals; monetary awards and injunctions ordered against all three defendants

Orders

  • D1 to pay general damages of MYR 25,000 to the Plaintiff and costs of MYR 10,000
  • D2 to pay general damages of MYR 30,000 to the Plaintiff and costs of MYR 10,000